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What evidence is needed to sue the property for encroaching on the owner's rights and interests?
1. What are the evidentiary requirements for suing property disputes?
The evidence requirements for lodging a property dispute complaint include: the business license of the property company, the ID card of the legal representative, the property contract, the evidence of the other party's breach of contract, the identity information of the other party, etc.
The evidence of Article 63 of the Civil Procedure Law of People's Republic of China (PRC) includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest.
Evidence must be verified before it can be used as a basis for ascertaining facts.
Two. Other provisions of the Civil Procedure Law of People's Republic of China (PRC) on evidence
Article 64 The parties have the responsibility to provide evidence of their own claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Article 65 The parties concerned shall provide evidence of their claims in a timely manner.
The people's court shall, according to the litigant's claim and the trial of the case, determine the evidence that the litigant should provide and its time limit. If it is really difficult for the parties to provide evidence within the time limit, they may apply to the people's court for an extension of the time limit, and the people's court shall extend the time limit appropriately according to the application of the parties. If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons; If the people's court refuses to explain the reasons or the reasons cannot be established, it may reject the evidence according to different circumstances, or accept the evidence but admonish it and impose a fine.
Article 66 When the people's court receives the evidential materials submitted by the parties, it shall issue a receipt indicating the name, page number, number of copies, original or photocopy of the evidence and the time of receipt, and the person in charge shall sign or seal it.
Article 67 The people's court has the right to investigate and collect evidence from relevant units and individuals, and the relevant units and individuals may not refuse.
The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.
Article 68 Evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. If it needs to be presented in court, it may not be presented publicly.
Article 69 The people's court shall take the legal facts and documents notarized by legal procedures as the basis for ascertaining the facts, except that there is evidence to the contrary sufficient to overturn the notarial certificate.
In judicial practice, the specific prosecution of property disputes needs to be handled in strict accordance with the procedures and requirements stipulated in the above laws. Especially for different property conflicts, the specific handling opinions of the conference room are different. If the handling of the relevant situation is not clear, you can consult a lawyer to define it.
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